No person shall permit any dog to be at large on any highway
or public place in the Town of Johnstown if such dog is ferocious,
vicious or habitually attacks, injures or damages persons, domestic
animals, domestic pets or property.
[Amended 8-20-2001 by L.L. No. 2-2001]
No owner or person having the custody of a female dog shall
permit said dog, while she is in season, either licensed or unlicensed,
to run at large in the Town of Johnstown.
[Amended 3-21-1983 by L.L. No. 1-1983]
Any peace officer, dog control officer or humane society officer
finding any female dog in season running at large, whether licensed
or unlicensed, shall take such dog into custody and shall turn the
dog over to the humane society to provide food and shelter for such
dog pending action against the owner or person having the custody
thereof as herein provided.
[Amended 8-20-2001 by L.L. No. 2-2001]
No person being the owner of any dog or having the custody or
control of any dog shall permit such dog to commit any nuisance within
the town or cause damage to the property of others. The following
acts are declared to be public nuisances and are set forth herein
for explanatory purposes only and are not to be considered as excluding
other types of nuisances:
A. To habitually engage in loud howling or barking in such a manner
as to habitually annoy any person and/or cause a disturbance particularly
during normal sleeping hours. Barking at an intrusion or disturbance
shall not constitute a violation of this section.
B. To habitually chase and/or jump on automobiles, bicycles, moving
vehicles or persons on foot on any highway or public place.
C. To act in a manner which causes a person, who is peaceably conducting
himself in any place where he may lawfully be, to be placed in reasonable
apprehension of bodily harm, together with apparent ability of the
dog to inflict such harm.
D. To be found upon the school yard of any of the schools of the town
during the time of year when said schools are open, between 30 minutes
prior to the beginning of the school day and 30 minutes after the
end of the school day.
E. To cause any damage to any property or deface any property; for the
purposes of this chapter, it shall be considered damage to property
for a dog to dig holes thereon or to deposit his waste eliminations
thereon, although such damage is set out herein for explanatory purposes
only and it is not to be considered as excluding other types of damage
from the purview hereof.
F. To run together in a pack or to in any way form a pack. For the purpose
of this chapter, the word "pack" is hereby defined to mean three or
more dogs.
[Added 8-20-2001 by L.L. No. 2-2001]
Any person who observes a dog in violation of the Town Code may file a complaint, under oath or affirmation, with the Dog Control Officer, or Constable, specifying the nature of the violation, the date and time thereof, a complete description of the dog, i.e., breed, approximate size, color, markings, distinguishing characteristics, and the name and address, if known, of the owner of the dog. Such complaint may serve as a basis for enforcing the Town Code, except that two complaints, originating from separate households, shall be required as a basis for enforcing the provisions of §
21-4A.
[Added 3-21-1983 by L.L. No. 1-1983; Amended 8-20-2001 by L.L. No.
2-2001]
Any person who violates any portion of this Article shall be
guilty of a violation punishable by a fine not to exceed $25 for the
first offense and by a fine not to exceed $50 for a second or subsequent
offense.
[Adopted 12-20-2010 by L.L. No. 3-2010]
All terms not specifically defined herein shall have the meaning
assigned to such terms within § 108 of the Agriculture and
Markets Law of the State of New York. As used in this chapter, the
following terms shall have meanings indicated:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this chapter, as amended by
this chapter, and as thereafter amended.
IDENTIFICATION TAG
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
OWNER
Any person who harbors or keeps any dog or other animal.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant
to this chapter.
PERSON
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
RESIDENT
A person who maintains a residence within the Town of Johnston,
County of Fulton, State of New York.
RUN AT LARGE
To be in a public place or on a private land without the
knowledge, consent and approval of the owner of such lands.
TOWN
The Town of Johnstown, County of Fulton, State of New York.
The Town does not allow the licensing of dogs by a shelter.
The shelter must send the adoptive dog owners to the Town Clerk of
the Town or City in which the dog will be harbored for licensing or
to the Town Clerk of the Town where the shelter is located for the
purchase of the license for adoption purposes.
Each license application shall be accompanied by proof that
the dog has been vaccinated against rabies or a statement from a licensed
veterinarian that such vaccination would endanger the dog's life,
in which case vaccination shall not be required.
Each license issued pursuant to this article shall be valid
for a period of one year and shall expire on the last day of the last
month of the period for which it was issued. No license shall be issued
for a period expiring after the last day of the eleventh month following
the expiration date of the current rabies certificate for the dog
being licensed.
There will not be distinct purebred licenses as previously provided
for by the state. Any and all existing purebred licenses will now
be required to comply with this article.
Any person convicted of a violation of this article shall be
liable for a civil penalty of $25 for a first violation; $50 for a
second violation; and $75 for each subsequent violation.